If the child (ren) has/have NOT lived in Nebraska for at least 6 months, or since birth, you should talk to a lawyer about how to proceed. You start the legal process by filing a Complaint for Paternity, Custody, Parenting Time, and Child Support with the clerk of the district court in the county where the child (ren) live (s).
Full Answer
The rulings by the Nebraska courts have indicated a two-step analysis is to be applied in child custody cases. First, the trial court will determine whether both parents are fit; second, if both are fit, the court will decide the custody arrangement that is in the best interests of the child.
Will the Court Appoint an Attorney for Child Custody? In some instances, a court-appointed attorney will get involved in a child custody case. This happens when there are pleadings to terminate one of the parent’s parental rights. It also happens when the court is asked to hold one of the parties in contempt and asked that they be confined to jail.
Therefore, the court must review a temporary emergency custody order within a short timeframe, at which time the other side has the opportunity to present his or her own evidence. The court will then continue, modify, or terminate the temporary emergency custody order. How is child custody determined in Nebraska?
In Nebraska, the non-custodial parent is most frequently awarded alternate weekends, sometimes one overnight during the week or another evening for supper, half of all major holidays, and special days such as Mother’s or Father’s Day and birthdays. Can a judge order supervised visitation or no visitation in Nebraska?
Typical costs range from $20 to $50. If you cannot afford these costs, Nebraska law allows you to ask the court to have the county pay your costs.
You start the legal process by filing a Complaint for Paternity, Custody, Parenting Time, and Child Support with the clerk of the district court in the county where the child(ren) live(s). If you are proceeding without a lawyer, you must complete all the necessary forms.
Nebraska statutes make it clear that there is no presumption favoring either the mother or the father. Nebraska has abolished, as have many other states, the maternal preference, which was a presumption that the mother would be most capable of caring for a child during its earliest childhood years.
There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.
Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.
The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.
Under Nebraska case law, parental unfitness in a child custody case means “a personal deficiency or incapacity which has prevented or will probably prevent, performance of a reasonable parental obligation in child rearing and which has caused, or probably will result in, detriment to a child's well being” (Ritter v.
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
In Nebraska the parents must either agree to joint custody or the court must find it is in the best interests of the child based on evidence presented at a hearing. The court awards both legal and physical custody.
Pursuant to subsection (1) of this section, a court may terminate parental rights if the parent has abandoned the juvenile for 6 months or more immediately prior to the filing of the petition. In re Interest of Crystal C., 12 Neb.